Jim Learn­ing no longer on house ar­rest

El­dred Davis chal­leng­ing Nal­cor in­junc­tion

Northern Pen - - FOCUS - HAPPY VAL­LEY-GOOSE BAY, NL

Two prom­i­nent mem­bers of the Labrador Land Pro­tec­tors were in court in Happy Val­leyGoose Bay Aug. 30.

El­dred Davis was there to speak to the charge of vi­o­lat­ing Nal­cor’s in­junc­tion re­gard­ing Muskrat Falls, and a con­tempt of court charge that arose from him al­legedly vi­o­lat­ing the in­junc­tion. Jim Learn­ing was there for the same rea­sons, in ad­di­tion to deal­ing with be­ing on house ar­rest.

Davis pleaded not guilty based on a chal­lenge to the va­lid­ity of the in­junc­tion. Davis had his case set over un­til Oct. 2 to give him time to put to­gether a sub­mis­sion to the court to chal­lenge the in­junc­tion.

Learn­ing ac­knowl­edged he mis­tak­enly broke his house ar­rest but was not at the Muskrat Falls project main gate or any­where near the project.

A joint sub­mis­sion was made by Nal­cor and Learn­ing’s lawyer to im­pose a sus­pended sen­tence with an un­der­tak­ing to abide by the in­junc­tion.

Learn­ing’s house ar­rest ended upon him sign­ing the un­der­tak­ing. Learn­ing served 10 days in HMP in St. John’s be­fore be­ing placed on house ar­rest. He is sched­uled to be back in court Sept. 12.

Davis, who also served 10 days in Her Majesty’s Pen­i­ten­tiary in St. John’s be­fore agree­ing to sign the un­der­tak­ing, told the court he does not feel con­tempt for the court and that he, along with other Land Pro­tec­tors, are do­ing what they feel they must in their hearts.

Nal­cor’s lawyer, Chris King, said Nal­cor is pre­pared to de­fend its in­junc­tion and will do so be­fore the court.

Jus­tice Ge­orge Mur­phy en­cour­aged Davis to speak to a lawyer and to fully un­der­stand the process. Mur­phy gave Davis three weeks to get his sub­mis­sion to­gether. He is sched­uled to be back in court Oct. 2 at 11:30 a.m. in Happy Val­leyGoose Bay Supreme Court to sched­ule a hear­ing.

An­other mem­ber of the group, Mar­jorie Flow­ers, was re­leased from house ar­rest Aug. 29.

Flow­ers had been placed on house ar­rest for close to a month and served 10 days HMP in St. John’s. Flow­ers’ re­lease came when she agreed to up­hold the Nal­cor in­junc­tion as well as an un­der­tak­ing she signed in Novem­ber for­bid­ding her from go­ing within one kilo­me­tre of the megapro­ject. Flow­ers is sched­uled to next ap­pear in court Sept. 12.

COUR­TESY OF LABRADOR LAND PRO­TEC­TORS

El­dred Davis is chal­leng­ing the Nal­cor court in­junc­tion that pro­hibits peo­ple from protest­ing near the gate.

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